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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the above cancellation portion is dismissed.
3.
Reasons
1. Facts of recognition;
A. The Plaintiff receives KRW 4,403,320,00 from the Defendant for a total contract price of KRW 4,403,320,00 for a project to create an arboretum (hereinafter “instant project”) and the Plaintiff continues to perform the construction works under each of the above contracts, including the first, second, and third contracts, in sequence, as follows:
As a result, the contract amount was increased to 4,613,081,050 won by reflecting any change in the design during the construction process. The contract amount (the original contract on December 30, 2008; 1,004,959,1501,241,794,3002, on January 21, 2009; 1,995,000 on December 30, 2008; 201,241,794,3002, on January 29, 2009; 305,000,000,000,000,000,967,925,903,000 on December 31, 2010;
B. The Incheon Metropolitan City completed the foregoing primary and secondary construction, and conducted a comprehensive audit of the instant construction on June 201, where the third construction is being performed under the third contract. On September 201, the Incheon Metropolitan City notified the Defendant of the result of the comprehensive audit as follows, and requested the Defendant to take measures, such as recovery and reduction of soil and sand transport costs and excessive appropriation of landscape stone quantity.
The primary construction-related construction cost of KRW 53,420,00 is excessive for the following reasons. - Although a plan was planned to transport and process earth and sand created by filling up a site for an arboretum site of KRW 53,420,00 for the transportation of 2 km in a complex, earth and sand will be used as 0.25 km in a complex, but part of an area was planned to be 15,019 square meters in a complex, but will be carried out as livering work. - Although a plan was conducted to purchase and construct natural rocks, there is a difference by using natural stone (863 tons) collected after arranging the site at the site. - The construction at the site was carried out with a natural stone piling up and a stone mating construction site and with a natural stone collected at the construction site, it was not necessary to separate collection and transportation (including debt collection expenses).